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SHAMPA DUTT (PAUL)
Sunquest Information Systems (India) Pvt. Ltd. – Appellant
Versus
Regional Provident Fund Commissioner, West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to order (Para 1) |
| 2. details of five employees (Para 2) |
| 3. inspection reports and findings (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
1. The present writ application has been preferred praying for direction upon the respondents to recall the order of enquiry dated 30th November, 2021 passed under paragraph 26B of the EPF Scheme of 1952 by the respondent no. 2.
3. The relevant finding in the order under challenge is as follows:
The Area Enforcement Officer/Departmental Representative’s report dated 22.02.2019 and 06.09.2021 clearly establishes that PF benefits have not been extended to 05(five) eligible employees who were PF members prior to joining the establishment for the period under inquiry under Para 26-B of the Schemes framed in accordance with the Act.
Finally in the hearing dated 06.09.2021, Shri Sushil Kumar Karmakar appeared on behalf of the establishment and reiterated that five (05) persons concerned joined this establishment at salaries exceeding the statutory wage ceiling and that the persons concerned had already withdrawn their PF accumulations in the previous establishment. It was m
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The Supreme Court defined 'basic wage' under the EPF Act, clarifying that only universally paid wages qualify, while variable allowances do not.
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